Government Refuses to Act on Cancer-Causing Insulation

Image via WikipediaWe have discussed this issue in our asbestos initial and refresher classes.  The Zonolite insulation made from vermiculite mineral mined from the Libby, Montana.  The vermiculite from this mine is contaminated with tremolite asbestos.  Mr. Andrew Schneider wrote this excellant article "Government Refuses to Act on Cancer-Causing Insulation".  This is also an important issue for asbestos inspectors because the Environmental Protection Agency (EPA) is specifically saying not to take samples of this material.  This material gives false negative results and EPA recommends that this material be treated and handled as an asbestos containing material.  In addition, vermiculite was not only used as attic insulation, it was also used in sprayed-on fireproofing until late 1980s.  High-rise buildings built between 1980-1989, using sprayed-on fireproofing made by W.R. Grace (monokote made with vermiculite) also is suspect and again it is suggested that you do not sample this material.  This material should be assumed to be asbestos containing.

Related articles

• "It's on our website": an insufficient response to asbestos danger lurking in millons of attics (scienceblogs.com)
• Asbestos-Tainted Zonolite Still Ignored By Feds: Government Refuses To Act (huffingtonpost.com)
• Avoiding Asbestos Exposure In Older Homes (homerenorepair.suite101.com)
• Asian anti-asbestos delegation headed to Quebec (ctv.ca)
• Asbestos Exposure Results in Fine for Pub Operator (first4lawyers.com)
• The Dangers of Vermiculite Soil Conditioners (public-healthcare-issues.suite101.com)

NYC DEP Plans Increase In Enforcement On Asbestos Investigators

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The New York City Department of Environmental Protection (NYC DEP) released plans to increase the scrutiny of Certified Asbestos Investigators.  As discussed in the New York Times article linked above, NYCDEP has hired two additional inspection monitors to review the work of the Certified Asbestos Investigators and plans to nearly double the number of office audits it conducts each year, to 75, up from 40; the agency will check the records and activities of nearly 15 percent of the 543 asbestos investigators it certifies, and perform 500 spot-check field inspections.  What caused this increase in oversight of the Certified Asbestos Investigators?  Mr. Saverio Todaro's guilty plea to federal environmental crimes, fraud and making false statements.  In our refresher classes we have discussed Mr. Todaro's case, who operated an environmental inspection and testing company, and acknowledged that he had submitted clean asbestos and lead test results for at least a decade without performing any tests.
Not only has Mr. Todaro's case caused increased scrutiny of Investigators, it also has exposed our industry to reckless statements such as "The city environmental agency regulates private asbestos inspectors, who play an important role in what has long been viewed as one of the more corrupt sectors of the construction industry."  I don't think the New York Times has accurately portrayed our industry.  Our industry like many others has individuals that will do anything for the money.  However, we have many individuals and companies in our industry that do not give into this weakness and perform their jobs in accordance with the regulations.  We provide our clients with an important service and help them protect their properties and the people who use the property.  I am very disappointed with the NY Times, in painting our industry with such a broad brush stroke based on the guilty plea of a few individuals.

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Handling Vermiculite Insulation for Building Inspections and Air Monitoring

The Environmental Protection Agency’s (EPA) recent decision to declare a public health emergency at the Libby asbestos site in Montana has brought vermiculite insulation back in front of people’s minds. EPA’s announcement did not mention what to do if you have this type of insulation. Remember there are some major issues with this type of insulation. First it seems the vermiculite can actually hide the tremolite asbestos from detection, leading to false results. When individuals disturb the vermiculite insulation it can release tremolite asbestos at significant levels into the air.

Because of these technical issues EPA and the Agency for Toxic Substances and Disease Registry (ATSDR) both recommend that if you find vermiculite insulation that you not test it for asbestos. Instead they recommend you assume the vermiculite insulation is from Libby and assume it contains asbestos. The Libby mine was the source for over 70% of the vermiculite sold in the United States from 1919 to 1990. EPA and ATSDR feel that the technical issues involving vermiculite sampling can complicate testing for the presence of asbestos fibers and interpreting the risk from exposure. This is a significant statement and interesting that it has not been published more.

Based on this, as an asbestos inspector, environmental inspector, home inspector, and/or air quality consultant, you must evaluate vermiculite insulation as containing asbestos (without sampling). In addition, you must inform the owner that sampling the material will not provide a definitive answer. EPA and ATSDR both recommend that professional asbestos abatement contractors handle any disturbance of the vermiculite insulation. The best practice for air monitoring and analysis of these projects, for the protection of the public, is Transmission Electron Microscopy. As these issues are not well known, even in the asbestos industry, it is important for owners to be aware of this potential problem and take the precautions necessary.

Asbestos Discovered In Current Building Materials

Based on testing done by the Asbestos Disease Awareness Organizations (ADAO) and announced at a press conference on November 28, 2007 it appears there may be a concern that new building materials may contain asbestos. The ADAO conducted asbestos testing on over 250 different household products utilizing Polarized Light Microscopy (PLM) and Transmission Electron Microscopy (TEM) analysis in accordance with the Environmental Protection Agency's test method 600/R-93/116. The link above gives you the detail of the methodology and results of the testing that included positive results for 5 products including Planet Toys "CSI Fingerprint Examination Kit", DAP "33" window glazing and "Crack Shot" spackling paste, Gardner Leak Stopper roof patch (which listed asbestos as an ingredient on the label), and Scotch High Performance Duct Tape.

Of the 5 products found to contain asbestos, 3 products are materials that are considered building materials. The window glazing, the spackling paste, and the roof patch are all materials that an asbestos inspector would sample to determine if these materials contained asbestos in a building built before 1980, but would ignore in a building built after 1980. The results from the ADAO testing found the window glazing contained 2.73% chrysotile and tremolite asbestos, the spackling paste contained 1.05% tremolite, anthophyllite, and chrysotile asbestos and the roof patch contained 15% chrysotile asbestos. All of these materials would be considered asbestos containing materials for an asbestos inspector, if they were sampled. Again, based on the typical opinion of the industry we wouldn't sample these materials after 1980. In fact, New York State uses a cut-off date of 1974.

This new information from the ADAO, obviously calls into question New York State's cut off date of 1974. If the above products still contain asbestos today, it probably means these products had asbestos in them between today and 1974 or 1980. As an Asbestos Inspector this information calls into question our assumption regarding the asbestos content of building materials in buildings after 1974. Since asbestos has not been banned, and it can still be found in building materials we are presently installing, this means we can no longer use the 1974 or 1980 date to determine whether building materials do or do not contain asbestos. This is one of the many reasons why ADAO has been lobbying for a complete ban on the manufacturer and the use of asbestos.

It is important to remember that though the New York State Industrial Code Rule 56 asbestos regulation does not regulate the assumption of asbestos in building materials after 1974, it does regulate the remediation of asbestos no matter the date of the building.